76-3-203.13. Enhanced penalty for unlawful sexual contact with a student.
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Effective 5/7/2025
76-3-203.13. Enhanced penalty for unlawful sexual contact with a student.
(1)An actor convicted of a sexual offense described in Section 76-5-401.1 or 76-5-401.2 may be subject to an enhanced penalty if, at the time of the commission of the sexual offense, the actor:
(a)was 18 years old or older;
(b)held a position of special trust as a teacher, employee, or volunteer at a school, as that position is defined in Subsection 76-5-404.1(1)(a)(v)(S) ; and
(c)committed the offense against an individual who at the time of the offense was enrolled as a student at the school where the actor was employed or was acting as a volunteer.
(2)The enhancement of a penalty described in Subsection
(1)shall be an enhancement of one classification higher than the offense of which the actor was convicted.
Amended by Chapter 223 , 2025 General Session
Amended by Chapter 320 , 2025 General Session